A. No person shall buy, receive, sell, dispose of or have in his possession any livestock in this state unless the person selling or disposing of such livestock gives and the person buying or receiving such livestock takes a written bill of sale giving the number, kind, marks and brand of each animal sold which meets the requirements of Section 77-9-22 NMSA 1978.
B. The possession of livestock without having a written bill of sale meeting the requirements of Section 77-9-22 NMSA 1978 is prima facie evidence of illegal possession against any person charged with theft, unlawful possession, handling, driving or killing any livestock.
History: 1953 Comp., § 47-9-19, enacted by Laws 1971, ch. 196, § 1; 1993, ch. 248, § 55.
Repeals and reenactments. — Laws 1971, ch. 196, § 1, repealed 47-9-19, 1953 Comp., relating to sales of animals, bills of sale and prima facie evidence where person charged with theft, and enacted the above section.
Cross references. — For larceny of animals, see 30-16-1 NMSA 1978.
The 1993 amendment, effective June 18, 1993, substituted "Section 77-9-22 NMSA 1978" for "Section 47-9-19.1 NMSA 1953" in Subsections A and B; deleted former Subsection C defining "livestock"; and made minor stylistic changes.
Structure New Mexico Statutes
Chapter 77 - Animals and Livestock
Article 9 - Brands, Ownership, Transportation and Sale of Animals
Section 77-9-2 - [Earmarks; cutting; penalty.]
Section 77-9-3 - Necessity of brand; rebranding required; exceptions.
Section 77-9-4 - Penalty for failure to brand or rebrand; certain sales prohibited.
Section 77-9-5 - Brands of livestock; recording; evidence of ownership.
Section 77-9-6 to 77-9-20 - Repealed and Recompiled.
Section 77-9-21 - Bills of sale; necessity and presumptions; definition of livestock.
Section 77-9-22 - Bills of sale; requirements; evidence of larceny.
Section 77-9-23 - Bill of sale of livestock; duty to exhibit; violation; penalty.
Section 77-9-24 - [Failure to exhibit; knowledge, intent, purpose and motive to be presumed.]
Section 77-9-26 - Sale by person not brand owner; bill of sale.
Section 77-9-27 - Violation; penalty.
Section 77-9-28 - Importation of livestock; permit required; penalty.
Section 77-9-29 - Inspection rules.
Section 77-9-30 - Exported livestock; inspection of brands and ear marks; record.
Section 77-9-31 - Export livestock to be inspected; penalties.
Section 77-9-32 - Inspection of livestock for export; application; place; payment for delay.
Section 77-9-33 - Inspection of exported livestock; report; inspection of slaughterhouses; penalty.
Section 77-9-35 - Offense by inspectors; penalty.
Section 77-9-38 - Inspection fees; lien; record.
Section 77-9-43 - Notice of transport; inspection date and place.
Section 77-9-44 - Hides and pelts; exhibiting, tagging and marking.
Section 77-9-46 - [Officers may stop vehicles; failure to have certificate; arrest and seizure.]
Section 77-9-54 - Transportation of hides.
Section 77-9-55 - [Inspection of hides; butchers; offenses; penalty.]
Section 77-9-56 - Hide purchases; bill of sale; contents; penalty.